Legal Question in Education Law in California

Public School's Responsiblity

My son in 7th grade having behavior notices, most petty. He got a at-home suspension, where I was was to return with him. They refused to readmit him unless we signed a contract. The contract lead up to expulsion.

One aid doesn't like him starteded keeping lists on him with minor infractions like leaning back in his chair.

I temporarily transferred him to another school. After being back and doing well for 3 weeks him & a student decided to cut class. He was suspended for 3-days. The principal said ''Yes, of course'' that the other student would be suspended. But I found out that his was a 1 day in-school suspension.

Then, he got a notice for picking up the phone. The principal and vice agreed not justify suspension.

Then a girl threw something but said she hadn't. Well my son, said ''I did, just kidding''. The aid took 5 points off his work.'' To this my son growled. So she sent him to the vice principal's to sit until lunch. The vice checked to see if he had gotten a notice. He was sure not, since he hadn't done anything, but had. He lost his temper, I agree was inappropriate. Can the school treat him unfairly?


Asked on 2/09/02, 3:43 pm

2 Answers from Attorneys
Patty Lewis Law Office of Patricia Ann Lewis

Re: Public School's Responsiblity

these are tough questions . . .

first . . . your boy's behavior may be indicative of something else going on, such as learning disabilities . . . surprisingly, many children who are not diagnosed, but who have learning disabilities, "act out" in unacceptable (to us) behavior ways which in reality are the child's way of saying "I need some help." I am not a psychologist but I am a parent and I am a lawyer and have seen this kind of adverse treatment by the school system time and again.

My advice would be to write a letter (keep a copy), make sure to date it, and personally deliver it to the principal, requesting that your child be assessed for learning disabilities because of your observation of his (re)actions in the classroom which, you believe, has resulted in an adverse effect on his ability to learn. . . .

when you phrase the letter that way, the school is obliged by federal law to make an assessment within a definite period of time. This assessment may include pyschological testing for various learning disabilities. Be sure it includes testing for such things as ADHD, impulsive behavior pattern, memory deficits, and the gamut of reading and computational tests . . .

the school district will be required to pay for these tests but you need to pursue it . . . the school won't want to do this but, as his parent, you have more rights than you know to make these demands for his education. . .

Also, remember, this is a rough rough road but with perseverance and commitment to helping your son learn in an environment which will protect him you can succeed . . . do not give up and make sure you "stay on his side" because he needs you now more than ever . . .

so many times the school is overwhelmed with problems which it is not equipped to handle and the school will not want to take the time to do what they are supposed to do . . .

just don't give up . . .

good luck . . . Patty Lewis .

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Answered on 2/10/02, 1:46 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Public School's Responsiblity

Can a school treat him unfairly? No.

Are they? Hard to tell. Perhaps the kid with the one day suspension had never had a problem before.

Schools have a tough time disciplining children. You need to work more with your son's attitude and behavior regarding school, rather than the schools.

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Answered on 2/09/02, 3:48 pm


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